HQ 087484: Classification of women's woven garment

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087484

                                   November 1, 1990




            CLA-2: CO:R:C:G  087484 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6211.42.0080

            Mr. Richard Wortman
            Grunfeld, Desiderio, Lebowitz & Silverman
            12 East 49th Street
            New York, New York 10017

            Re:   Classification of women's woven garment

            Dear Mr. Wortman:

                This is in response to your letter of July 3, 1990, in
            which you requested, on behalf of Adonis Enterprises, Inc., a
            tariff classification ruling, under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), for a women's
            garment.

            FACTS:

                The merchandise at issue is represented by a sample of a
            women's garment made of 100 percent woven cotton fabric.  The
            garment is designed to be worn with a shirt or blouse.  It
            consists of an upper and lower portion divided by a horizontal
            seam at the waist.  The front panel of the upper portion has a
            deep, U shaped neckline, the lowest point of which extends to
            approximately four inches above the natural waistline.  A
            partial front opening is secured by buttons above and below the
            waist.  The upper rear panel extends from the nape of the neck
            to the waist.  The garment has deep arm holes, four beltloops
            around the waist and two front slant pockets.  The lower
            portion of the garment extends to the knees and is finished at
            the bottom like wide, flared shorts.  The ruling request was
            accompanied by advertising material which describes the garment
            and other similar garments as "shortalls".

            ISSUE:

                What is the classification of the garment in question?















                                          -2-

            LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            determined according to the terms of the headings and any
            relative section or chapter notes.  Heading 6211, HTSUSA,
            provides for track suits, ski-suits and swimwear; other
            garments.  Subheading 6211.42.0080, HTSUSA, provides for other
            cotton wearing apparel.  Although the advertisement information
            provided describes the garment as a shortall, it is not a
            shortall for tariff purposes because it does not have a front
            bib that extends at least six inches above the waist.  Nor is
            the garment a coverall or jumpsuit because it does not have the
            requisite coverage for wear without another outer garment.

            HOLDING:

                The garment in question is classified under subheading
            6211.42.0080, HTSUSA, with a duty rate of 8.6 percent ad
            valorem, and subject to textile visa category 359.

                Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, the importer should contact the local Customs
            office prior to importation of this merchandise to determine
            the current status of any import restraints or requirements.

                The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, we suggest that you check, close to the time of
            shipment, the Status Report on Current Import Quotas (Restraint
            Levels), an internal issuance of the U.S. Customs Service,
            which is available for inspection at your local Customs office.

                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division

















            6 cc: A.D.  N.Y. Seaport
            D. Rimmer library/za
            087484 DRR